AN
ACT ESTABLISHING THE RULES TO GOVERN INTER-COUNTRY ADOPTION OF FILIPINO
CHILDREN, AND FOR OTHER PURPOSES.

ARTICLE
IGENERAL
PROVISIONS

Section
1. Short Title. — This Act shall
be known as the "Inter-Country Adoption Act of 1995."

Sec.
2. Declaration of Policy. — It
is hereby declared the policy of the State to provide every neglected
and
abandoned child with a family that will provide such child with love
and
care as well as opportunities for growth and development. Towards
this end, efforts shall be exerted to place the child with an adoptive
family in the Philippines. However,
recognizing that inter-country adoption may be considered as allowing
aliens
not presently allowed by law to adopt Filipino children if such
children
cannot be adopted by qualified Filipino citizens or aliens, the State
shall
take measures to ensure that inter-country adoptions are allowed when
the
same shall prove beneficial to the child's best interests, and shall
serve
and protect his/her fundamental rights.chan
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Sec.
3. Definition of Terms. — As
used in this Act. the term:

(a) Inter-country
adoption refers to the socio-legal process of adopting a Filipino child
by a foreigner or a Filipino citizen permanently residing abroad where
the petition is filed, the supervised trial custody is undertaken, and
the decree of adoption is issued outside the Philippines.chan
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(b) Child
means a person below fifteen (15) years of age unless sooner
emancipated
by law.

(c) Department
refers to the Department of Social Welfare and Development of the
Republic
of the Philippines.

(d) Secretary
refers to the Secretary of the Department of Social Welfare and
Development.

(e) Authorized
and accredited agency refers to the State welfare agency or a licensed
adoption agency in the country of the adopting parents which provide
comprehensive
social services and which is duly recognized by the Department.

(f) Legally-free
child means a child who has been voluntarily or involuntarily committed
to the Department, in accordance with the Child
and Youth Welfare Code.

(g) Matching
refers to the judicious pairing of the adoptive child and the applicant
to promote a mutually satisfying parent-child relationship.

(h) Board
refers to the Inter-country Adoption Board.

ARTICLE
IITHE
INTER-COUNTRY ADOPTION BOARD

Sec.
4. The Inter-Country Adoption
Board. — There is hereby created the Inter-Country Adoption Board,
hereinafter
referred to as the Board to act as the central authority in matters
relating
to inter-country adoption. It
shall act as the policy-making body for purposes of carrying out the
provisions
of this Act, in consultation and coordination with the Department, the
different child-care and placement agencies, adoptive agencies, as well
as non-governmental organizations engaged in child-care and placement
activities. As
such, it shall:

(a) Protect
the Filipino child from abuse, exploitation, trafficking and/or sale or
any other practice in connection with adoption which is harmful,
detrimental,
or prejudicial to the child;chan
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(b) Collect,
maintain, and preserve confidential information about the child and the
adoptive parents;

(c) Monitor,
follow up, and facilitate completion of adoption of the child through
authorized
and accredited agency;

(d) Prevent
improper financial or other gain in connection with an adoption and
deter
improper practices contrary to this Act;

(e) Promote
the development of adoption services including post-legal adoption;

(f) License
and accredit child-caring/placement agencies and collaborate with them
in the placement of Filipino children;

(g) Accredit
and authorize foreign adoption agency in the placement of Filipino
children
in their own country; and

(h) Cancel
the license to operate and blacklist the child-caring and placement
agency
or adoptive agency involved from the accreditation list of the Board
upon
a finding of violation of any provision under this Act.

Sec.
5. Composition of the Board.
— The Board shall be composed of the Secretary of the Department as ex
officio Chairman, and six (6) other members to be appointed by the
President
for a nonrenewable term of six (6) years: Provided, That there
shall
be appointed one (1) psychiatrist or psychologist, two (2) lawyers who
shall have at least the qualifications of a regional trial court judge,
one (1) registered social worker and two (2) representatives from
non-governmental
organizations engaged in child-caring and placement activities. The
members of the Board shall receive a per diem allowance of One thousand
five hundred pesos (P1,500) for each meeting attended by them: Provided,
further, That no compensation shall be paid for more than four (4)
meetings a month.chan
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Sec.
6. Powers and Functions of the
Board. — The Board shall have the following powers and functions:chanroblesvirtualawlibrary

(a) to
prescribe rules and regulations as it may deem reasonably necessary to
carry out the provisions of this Act, after consultation and upon
favorable
recommendation of the different agencies concerned with the
child-caring,
placement, and adoption;chan
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(b) to
set the guidelines for the convening of an Inter-country Adoption
Placement
Committee which shall be under the direct supervision of the Board;

(c) to
set the guidelines for the manner by which selection/matching of
prospective
adoptive parents and adoptive child can be made;

(d) to
determine a reasonable schedule of fees and charges to be exacted in
connection
with the application for adoption;

(e) to
determine the form and contents of the application for inter-country
adoption;

(g) to
institute systems and procedures to prevent improper financial gain in
connection with adoption and deter improper practices which are
contrary
to this Act;

(h) to
promote the development of adoption services, including post-legal
adoption
services,

(i) to
accredit and authorize foreign private adoption agencies which have
demonstrated
professionalism, competence and have consistently pursued non-profit
objectives
to engage in the placement of Filipino children in their own country: Provided,
That such foreign private agencies are duly authorized and accredited
by
their own government to conduct inter-country adoption: Provided,
however,
That the total number of authorized and accredited foreign private
adoption
agencies shall not exceed one hundred (100) a year;

(j) to
take appropriate measures to ensure confidentiality of the records of
the
child, the natural parents and the adoptive parents at all times;

(k) to
prepare, review or modify, and thereafter, recommend to the Department
of Foreign Affairs, Memoranda of Agreement respecting inter-country
adoption
consistent with the implementation of this Act and its stated goals,
entered
into, between and among foreign governments, international
organizations
and recognized international non-governmental organizations;

(l) to
assist other concerned agencies and the courts in the implementation of
this Act, particularly as regards coordination with foreign persons,
agencies
and other entities involved in the process of adoption and the physical
transfer of the child; and

(m) to
perform such other functions on matters relating to inter-country
adoption
as may be determined by the President.

ARTICLE
IIIPROCEDURE

Sec.
7. Inter-Country Adoption as
the Last Resort. — The Board shall ensure that all possibilities for
adoption
of the child under the Family
Code have been exhausted and that inter-country adoption is in the
best interest of the child. Towards
this end, the Board shall set up the guidelines to ensure that steps
will
be taken to place the child in the Philippines before the child is
placed
for inter-country adoption: Provided, however, That the maximum
number that may be allowed for foreign adoption shall not exceed six
hundred
(600) a year for the first five (5) years.chan
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Sec.
8. Who May be Adopted. — Only
a legally free child may be the subject of inter-country adoption. In
order that such child may be considered for placement, the following
documents
must be submitted to the Board:

(a)Child
study;

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(b)Birth
certificate/foundling certificate;

(c)Deed
of voluntary commitment/decree of abandonment/death certificate of
parents;

(d)Medical
evaluation /history;

(e)Psychological
evaluation, as necessary; and

(f)Recent
photo of the child.

Sec.
9. Who May Adopt. — An alien
or a Filipino citizen permanently residing abroad may file an
application
for inter-country adoption of a Filipino child if he/she:chanroblesvirtualawlibrary

(a) is
at least twenty-seven (27) years of age and at least sixteen (16) years
older than the child to be adopted, at the time of application unless
the
adopter is the parent by nature of the child to be adopted or the
spouse
of such parent:chanroblesvirtualawlibrary

chan
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(b) if
married, his/her spouse must jointly file for the adoption;

(c) has
the capacity to act and assume all rights and responsibilities of
parental
authority under his national laws, and has undergone the appropriate
counseling
from an accredited counselor in his/her country;

(d) has
not been convicted of a crime involving moral turpitude;chan
robles virtual law library

(e) is
eligible to adopt under his/her national law;

(f) is
in a position to provide the proper care and support and to give the
necessary
moral values and example to all his children, including the child to be
adopted;

(g) agrees
to uphold the basic rights of the child as embodied under Philippine
laws,
the U.N. Convention on the Rights of the Child, and to abide by the
rules
and regulations issued to implement the provisions of this Act;

(h) comes
from a country with whom the Philippines has diplomatic relations and
whose
government maintains a similarly authorized and accredited agency and
that
adoption is allowed under his/her national laws; and

(i) possesses
all the qualifications and none of the disqualifications provided
herein
and in other applicable Philippine laws.

Sec.
10. Where to File Application.
— An application to adopt a Filipino child shall be filed either with
the
Philippine Regional Trial Court having jurisdiction over the child, or
with the Board, through an intermediate agency, whether governmental or
an authorized and accredited agency, in the country of the prospective
adoptive parents, which application shall be in accordance with the
requirements
as set forth in the implementing rules and regulations to be
promulgated
by the Board.

The
application shall be supported by the following documents written and
officially
translated in English.

(a) Birth
certificate of applicant(s);

chan
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(b) Marriage
contract, if married, and divorce decree, if applicable;

(c) Written
consent of their biological or adoptive children above ten (10) years
of
age, in the form of sworn statement;

(d) Physical,
medical and psychological evaluation by a duly licensed physician and
psychologist;

(e) Income
tax returns or any document showing the financial capability of the
applicant(s);

(f) Police
clearance of applicant(s);

(g) Character
reference from the local church/minister, the applicant's employer and
a member of the immediate community who have known the applicant(s) for
at least five (5) years; and

(h) Recent
postcard-size pictures of the applicant(s) and his immediate family;

The
Rules
of Court shall apply in case of adoption by judicial proceedings.

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Sec.
11. Family Selection/Matching.
— No child shall be matched to a foreign adoptive family unless it is
satisfactorily
shown that the child cannot be adopted locally. The
clearance, as issued by the Board, with the copy of the minutes of the
meetings, shall form part of the records of the child to be
adopted. When
the Board is ready to transmit the Placement Authority to the
authorized
and accredited inter-country adoption agency and all the travel
documents
of the child are ready, the adoptive parents, or any one of them, shall
personally fetch the child in the Philippines.chan
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Sec.
12. Pre-adoptive Placement Costs.
— The applicant(s) shall bear the following costs incidental to the
placement
of the child;

(a) The
cost of bringing the child from the Philippines to the residence of the
applicant(s) abroad, including all travel expenses within the
Philippines
and abroad; and

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(b) The
cost of passport, visa, medical examination and psychological
evaluation
required, and other related expenses.

Sec.
13. Fees, Charges and Assessments.
— Fees, charges, and assessments collected by the Board in the exercise
of its functions shall be used solely to process applications for
inter-country
adoption and to support the activities of the Board.

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Sec.
14. Supervision of Trial Custody.
— The governmental agency or the authorized and accredited agency in
the
country of the adoptive parents which filed the application for
inter-country
adoption shall be responsible for the trial custody and the care of the
child. It shall also provide
family counseling and other related services. The
trial custody shall be for a period of six (6) months from the time of
placement. Only after the lapse
of the period of trial custody shall a decree of adoption be issued in
the said country a copy of which shall be sent to the Board to form
part
of the records of the child.chan
robles virtual law library

During
the trial custody, the adopting parent(s) shall submit to the
governmental
agency or the authorized and accredited agency, which shall in turn
transmit
a copy to the Board, a progress report of the child's adjustment. The
progress
report shall be taken into consideration in deciding whether or not to
issue the decree of adoption.

The
Department of Foreign Affairs shall set up a system by which Filipino
children
sent abroad for trial custody are monitored and checked as reported by
the authorized and accredited inter-country adoption agency as well as
the repatriation to the Philippines of a Filipino child whose adoption
has not been approved.

Sec.
15. Executive Agreements. — The
Department of Foreign Affairs, upon representation of the Board, shall
cause the preparation of Executive Agreements with countries of the
foreign
adoption agencies to ensure the legitimate concurrence of said
countries
in upholding the safeguards provided by this Act.

ARTICLE
IVPENALTIES

Sec.
16. Penalties. — (a) Any person
who shall knowingly participate in the conduct or carrying out of an
illegal
adoption, in violation of the provisions of this Act, shall be punished
with a penalty of imprisonment ranging from six (6) years and one (1)
day
to twelve (12) years and/or a fine of not less than Fifty thousand
pesos
(P50,000), but not more than Two hundred thousand pesos (P200.000), at
the discretion of the court. For
purposes of this Act, an adoption is illegal if it is effected in any
manner
contrary to the provisions of this Act or established State policies,
its
implementing rules and regulations, executive agreements, and other
laws
pertaining to adoption. Illegality may be presumed from the following
acts:

(1)consent
for an adoption was acquired through, or attended by coercion, fraud,
improper
material inducement;

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(2)there
is no authority from the Board to effect adoption;

(3)the
procedures and safeguards placed under the law for adoption were not
complied
with; and

(4)the
child to be adopted is subjected to, or exposed to danger, abuse and
exploitation.

(b)Any
person who shall violate established regulations relating to the
confidentiality
and integrity of records, documents and communications of adoption
applications,
cases and processes shall suffer the penalty of imprisonment ranging
from
one (1) year and one (1) day to two (2) years, and/or a fine of not
less
than Five thousand pesos (P5,000), but not more than Ten thousand pesos
(P10,000), at the discretion of the court.

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A
penalty lower by two (2) degrees than that prescribed for the
consummated
felony under this Article shall be imposed upon the principals of the
attempt
to commit any of the acts herein enumerated.

Acts
punishable under this Article, when committed by a syndicate or where
it
involves two or more children shall be considered as an offense
constituting
child trafficking and shall merit the penalty of reclusion perpetua.

Acts
punishable under this Article are deemed committed by a syndicate if
carried
out by a group of three (3) or more persons conspiring and/or
confederating
with one another in carrying out any of the unlawful acts defined under
this Article.Penalties as are herein
provided shall be in addition to any other penalties which may be
imposed
for the same acts punishable under other laws, ordinances, executive
orders,
and proclamations.chan
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Sec.
17. Public Officers as Offenders.
— Any government official, employee or functionary who shall be found
guilty
of violating any of the provisions of this Act, or who shall conspire
with
private individuals shall, in addition to the above-prescribed
penalties,
be penalized in accordance with existing civil service laws, rules and
regulations: Provided, That upon the filing of a case, either
administrative
or criminal, said government official, employee or functionary
concerned
shall automatically suffer suspension until the resolution of the case.

ARTICLE
VFINAL
PROVISIONS

Sec.
18. Implementing Rules and Regulations.
— The Inter-country Adoption Board, in coordination with the Council
for
the Welfare of Children, the Department of Foreign Affairs, and the
Department
of Justice, after due consultation with agencies involved in child-care
and placement, shall promulgate the necessary rules and regulations to
implement the provisions of this Act within six (6) months after its
effectivity.

Sec.
19. Appropriations. — The amount
of Five million pesos (P5,000,000) is hereby appropriated from the
proceeds
of the Lotto for the initial operations of the Board and subsequently
the
appropriations of the same shall be included in the General
Appropriations
Act for the year following its enactment.

Sec.
20. Separability Clause. — If
any provision, or part hereof is held invalid or unconstitutional, the
remainder of the law or the provision not otherwise affected, shall
remain
valid and subsisting.

Sec.
21. Repealing Clause. — Any law,
decree, executive order, administrative order or rules and regulations
contrary to, or inconsistent with the provisions of this Act are hereby
repealed, modified or amended accordingly.chan
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Sec.
22. Effectivity Clause. — This
Act shall take effect fifteen (15) days after its publication in two
(2)
newspapers of general circulation.